Child Care Licensing
Handbook Revision, January 2013
This revision of the Licensing Policy and Procedures Handbook (LPPH) was published on January 1, 2013. Summaries of new or revised items are provided below.
Notice of Intent to Revoke, Deny or Suspend
Follow Up to Suspension, Revocation, or Denial
Administrative Actions – Waivers and Variances
Section 3000 Applications (PATS 5712)
The items below are revised to:
• clarify that if there is a change in the governing body, director, or administrator, any of the following may serve as notification to Licensing:
• Form 2911p,
• Form 2819, or
• an online submission through the DFPS website;
• require a follow-up is required inspection if an operation fails to immediately resubmit an application after withdrawing it and child care continued;
• require the sending of an issuance letter with a non-expiring license; and
• clarify that a listing letter, not a listing permit, is sent to a listed family home.
Display of Revisions with Changes Highlighted (Word Document)
See:
3252.3 How and When to Resubmit
3314 Explaining Governing Body Responsibilities — License or Certificate
3314.11 Child Day Care Governing Body Responsibilities
3314.12 Residential Child Care Governing Body Responsibilities
3314.2 Controlling Person Responsibilities
3314.3 CLASS Documentation Requirements
3315 Evaluating Director Qualifications for Licensed Child Day Care Operations
3315.1 Evaluating Director Qualifications for Licensed Child Day Care Centers, Before or After-School Programs, and School-Age Programs
3315.11 When to Evaluate Qualifications
3315.2 Evaluating Director Qualifications for Licensed Child Day Care Homes
3315.21 Roles of Directors and Primary Caregivers
3315.22 Issuing a Director’s Certificate
3315.23 When a Director Does Not Meet Qualifications
3315.24 When to Evaluate Qualifications
3315.25 How to Evaluate Qualifications
3315.26 Handling Documents Pertaining to Qualifications
3315.27 Consequence of Failure to Submit Forms
3321.17 Ensuring That the Applicant Has Attended a Pre-Application Interview
3343 Time Limit for Issuance of a Non-Expiring License
3630 Preparing the Listing Permit
4133.3 Child Day Care – Annual Meeting With the Designated Director
4133.31 Evaluating Director Qualifications for Licensed Child Day Care Homes
Random-Sampling Inspections (PATS 5727)
The items below are updated to:
• clarify that inspectors must document any findings identified as sampling concerns as a result of preparing for or conducting a random-sampling inspection;
• add a requirement that inspectors who observe immediate hazards while conducting random-sampling inspections must notify the inspector assigned to the CPA; and
• add a requirement that a copy of the Sampling Letter must be sent to the inspector assigned to the CPA within 10 days of the inspection.
Display of Revisions with Changes Highlighted (Word Document)
See:
4433.2 Reviewing a CPA’s Record on a Foster Home in Preparation for a Random-Sampling Inspection
4435 Conducting Random-Sampling Inspections at CPA Foster Homes
4435.1 Immediate Hazards
4436 Documenting and Sharing the Results of Random-Sampling Inspections
Definitions of Terms
Notice of Intent to Revoke, Deny or Suspend (PATS 5887)
The items below are updated and clarified to state that notice should be given in person if an operation is required to close immediately. If the operation is located where the inspector is not able to immediately hand deliver the letter, the inspector notifies the operation by telephone, email or fax, and sends the letter by both regular and certified mail with a return receipt requested.
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See:
7631.3 Notifying an Operation About an Adverse Action When There Is Risk to the Health or Safety of Children
7631.8 Authorizing and Delivering a Notification Letter (CLASS Form 2880)
7633 Notice of Decision to Revoke, Deny, or Suspend an Application or Permit
7633.1 Immediate Risk to Children
Follow Up to Suspension, Revocation, or Denial (PATS 5888)
The items below are revised to update and clarify current policy to address how follow up to suspension, revocation, or denial should be documented.
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See:
7636 Follow-Up to Suspension, Revocation, or Denial
7732 When an Administrative Law Judge Issues a Final Decision on an Appeal
Administrative Actions – Waivers and Variances (PATS 5722)
The appendix below is revised to give direction to staff to leave the “How Qualified” field in CLASS blank if a Program, Site, or Secondary Director qualifies based on a variance since the information related to the variance is already captured on the waiver/variance page in CLASS.
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Appendix 5000-1A: Guidance on Reviewing Day Care Waiver or Variance Requests
5000-1A.1 Director Qualifications for Licensed Child Care Centers, School Age Programs, and Before or After School Programs
5000-1A.2 GED or High School Diploma
5000-1A.3 Working Phone with a Listed Number
5000-1A.4 No Fence Around Playground or Yard
5000-1A. 5 No Hand Washing Sink in the Diaper Changing Area
5000-1A.6 Shared Space
5000-1A.7 Indoor Equipment Soft Contained Play Equipment (SCPE)
5000-1A.8 Sprinkler Play
Appendix 5000-1B: Guidance on Reviewing Residential Child Care Waiver or Variance Requests
5000-1B.1 GED or High School Diploma
5000-1B.2 Extending a Child’s Stay
5000-1B.3 Medical Exam Within 30 Days
5000-1B.4 Foster Home Ratios
5000-1B.5 Children Younger Than Five Years in a Foster Group Home
5000-1B.6 Children of the Opposite Sex Sharing a Bedroom